[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Notices]
[Page 31465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15494]



[[Page 31465]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA)

    Notice is hereby given that on June 25, 2009, a proposed Consent 
Decree was filed with the United States District Court for the Eastern 
District of Pennsylvania in United States and The Commonwealth of 
Pennsylvania Department of Environmental Protection v. George R. 
Rubright and Mary Lou Rubright, Case No. 5:09-cv-2853 (E.D. Pa.). The 
proposed consent decree resolves cost recovery claims asserted by the 
U.S. Environmental Protection Agency (``EPA'') under the Comprehensive 
Environmental Response Compensation and Liability Act (``CERCLA'') 
Section 107(a), 42 U.S.C. 9607(a), and by the Commonwealth of 
Pennsylvania Department of Environmental Protection (``PADEP'') under 
the Pennsylvania Hazardous Sites Cleanup Act, 35 P.S. 6020, against 
George R. Rubright and Mary Lou Rubright for costs incurred in 
connection with the Water Street Battery Site (the ``Site'') located in 
Shoemakersville, Berks County, Pennsylvania.
    The United States and the Commonwealth incurred about $1,326,649.99 
in response costs to address lead contamination at the Site that 
resulted from using crushed battery casings as fill material. The 
Defendants agree to pay $484,000 to the United States, to settle EPA's 
claims, and $1,000 to the Commonwealth, to settle PADEP's claims.
    For thirty (30) days after the date of this publication, the 
Department of Justice will receive comments relating to the Settlement 
Agreement. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and either e-
mailed to [email protected] or mailed to P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611. In either case, 
comments should refer to United States and The Commonwealth of 
Pennsylvania Department of Environmental Protection v. George R. 
Rubright and Mary Lou Rubright (E.D. Pa.), D.J. Ref. No. 90-11-3-08686.
    The proposed Settlement Agreement may be examined at the Office of 
the United States Attorney for the Eastern District of Pennsylvania, 
615 Chestnut Street, Suite 1250, Philadelphia, Pennsylvania 19106, and 
at the office of the Environmental Protection Agency Region 3, 1650 
Arch Street, Philadelphia, PA 19103. During the comment period, the 
proposed Settlement Agreement may also be examined on the following 
Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decree.html. A copy of the proposed Settlement Agreement may also be 
obtained by mail from the Department of Justice Consent Decree Library, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, 
or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $8.00 for the 
Settlement Agreement (25 cents per page reproduction costs) payable to 
the United States Treasury or, if by e-mail or fax, forward a check in 
that amount to the Consent Decree Library at the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-15494 Filed 6-30-09; 8:45 am]
BILLING CODE 4410-15-P